We all know that it can be damaging to one’s case if a party to a litigation fails to preserve relevant information.  But when, exactly, does one’s duty to preserve (potentially relevant information) arise?  And what type of sanctions are federal courts imposing under the amended federal rules for preservation failures?

When Does One’s Duty to Preserve Arise?

Different jurisdictions


Continue Reading Failure to Preserve Emails Results in Sanctions

Clear-View Technologies, Inc. v John H. Rasnick, et al (2015 U.S. Dist. LEXIS 63579), reads as a list of the things you do not want to do if you want to avoid spoliation sanctions. The underlying dispute involved the development of an alcohol tracking product, and certain shareholders’ alleged conspiracy to steal the technology and start a new company.


Continue Reading Don’t Use “Crap Cleaner” When a Motion to Compel Is Pending, and Other Lessons Learned, to Ensure You Don’t Get Hit With a Spoliation Sanction

Lawyers are constantly asked by clients if there is any way to recover attorneys’ fees and costs from the opposing party.  The typical response is that such fees and costs are only recoverable by the successful party by contract, or under a specific statute.  This response often sends lawyers to the “rule books” so that they may determine if a


Continue Reading Costs of Imaging Hard Drive Can Be Recovered As Taxable Cost in Federal Court